Health of Animals Act (S.C. 1990, c. 21)

Act current to 2016-06-21 and last amended on 2015-02-27. Previous Versions

Exportation of Animals

Marginal note:Certificate required
  •  (1) No person shall export an animal from Canada by vessel or aircraft unless

    • (a) prior notice of the export of the animal has been given to a customs officer in charge of the place where the animal is to board the vessel or aircraft and the animal has been presented to a veterinary inspector in accordance with subsection (2) at that place; and

    • (b) a certificate of the veterinary inspector has been received by the person certifying that all the prescribed requirements respecting the health, protection and transportation of the animal have been complied with.

  • Marginal note:Presentation of animal

    (2) An animal that is required to be inspected shall be presented in such manner and under such conditions as the veterinary inspector considers necessary to carry out the inspection.

  • Marginal note:Copy of certificate

    (3) A copy of the certificate referred to in paragraph (1)(b) shall be delivered to

    • (a) the master or agent of the vessel or the pilot in command or operator of the aircraft; and

    • (b) the chief officer of customs of the port or airport from which the vessel or aircraft is to depart.

  • Marginal note:No departure without certificate

    (4) Where a vessel or aircraft that is to depart from Canada has an animal on board,

    • (a) no person shall send the vessel to sea or the aircraft on its flight, and

    • (b) no person in charge of the vessel or aircraft shall take the vessel to sea or the aircraft on its flight,

    unless a copy of a certificate in respect of the animal has been delivered in accordance with subsection (3).

  • Marginal note:Detention

    (5) The chief officer of customs referred to in paragraph (3)(b) shall detain animals until a copy of the certificate referred to in paragraph (1)(b) has been delivered to that officer.

  • Marginal note:Exemptions

    (6) The Minister may make regulations exempting animals or categories of animals and shipments and categories of shipments from the application of this section.

Marginal note:Certain Acts not affected

 Nothing in this Act affects

and this Act shall, with respect to the ports to which the Acts referred to in paragraphs (a) to (d) apply, be construed as having been enacted in addition to and not in derogation from those Acts.

  • 1990, c. 21, s. 20;
  • 2001, c. 26, s. 304.

International Assistance

Marginal note:Assistance

 The Minister may provide assistance, both financial and technical, to any person or government outside Canada in controlling or eradicating a disease or toxic substance that affects or could affect persons or animals in Canada.

Infected Places and Control Zones

Marginal note:Declaration of infected place
  •  (1) Where an inspector or officer suspects or determines that a disease or toxic substance exists in a place and is of the opinion that it could spread or that animals or things entering the place could become affected or contaminated by it, the inspector or officer may in writing declare that the place is infected and identify the disease or toxic substance that is believed to exist there, and such a declaration may subsequently be amended by the inspector or officer.

  • Marginal note:Delivery of declaration

    (2) When the declaration is delivered to the occupier or owner of the place to which it relates, the place, together with all contiguous lands, buildings and other places occupied or owned by the occupier or owner, constitutes an infected place.

Marginal note:Further declaration
  •  (1) For the purpose of preventing the spread of a disease or toxic substance, an inspector or officer may in writing declare that any land, building or other place, any part of which lies within five kilometres of the limits of a place declared to be infected under section 22, is infected and identify the disease or toxic substance that could spread there.

  • Marginal note:Delivery of declaration

    (2) When the declaration has been delivered to the occupier or owner of any land, building or other place mentioned in subsection (1), the land, building or other place, together with all contiguous lands, buildings and other places occupied or owned by the same occupier or owner, constitutes an infected place.

Marginal note:Where occupier or owner not found

 Where an inspector or officer cannot, after the exercise of due diligence, find the occupier or owner of any land, building or other place, delivery of a declaration may be effected by posting it on the building or on any building or conspicuous object on the land or at the place.

Marginal note:Prohibition — infected place
  •  (1) No person shall, without a licence issued by an inspector or officer, remove from or take into an infected place any animal or thing.

  • Marginal note:Return

    (2) Where an inspector or officer believes on reasonable grounds that any animal or thing has been removed from or taken into an infected place in contravention of subsection (1), the inspector or officer may, whether or not the animal or thing is seized,

    • (a) return it to or remove it from the infected place, or move it to any other place; or

    • (b) require its owner or the person having the possession, care or control of it to return it to or remove it from the infected place, or move it to any other place.

  • Marginal note:Notice

    (3) A requirement under paragraph (2)(b) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the animal or thing or by sending the notice to the owner or person, and the notice may specify the period within which and the manner in which the animal or thing is to be returned or removed.

  • 1990, c. 21, s. 25;
  • 2012, c. 19, s. 507;
  • 2015, c. 3, s. 101(F).
Marginal note:Declaration that place no longer infected

 A place, or any part of a place, that has been constituted to be an infected place by the delivery of a declaration under section 22 or 23 ceases to be an infected place when an inspector or officer declares in writing that

  • (a) the disease or toxic substance described in the declaration

    • (i) does not exist in, or will not spread from, the place or the part of the place, or

    • (ii) is not injurious to the health of persons or animals; or

  • (b) the infected place is located in an area that the Minister has declared to be a primary control zone in respect of that disease or toxic substance.

  • 1990, c. 21, s. 26;
  • 2012, c. 19, s. 508.
Marginal note:Primary control zone
  •  (1) If the Minister believes that a disease or toxic substance exists in an area, he or she may, by order, declare the area to be a primary control zone, in which case the Minister shall describe the zone and identify the disease or toxic substance.

  • Marginal note:Designated animal or thing

    (2) The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the primary control zone is declared.

  • Marginal note:Prohibition — primary control zone

    (3) No person shall remove from, move within or take into the primary control zone a designated animal or thing except in accordance with a permit issued by the Minister.

  • 1990, c. 21, s. 27;
  • 2012, c. 19, s. 508.
Marginal note:Secondary control zone
  •  (1) If the Minister makes an order under subsection 27(1), he or she may — for the purpose of preventing the spread of the disease or toxic substance identified in the order or monitoring that disease or toxic substance — by order, declare any area that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone.

  • Marginal note:Disease outside Canada

    (2) If the Minister believes that a disease or toxic substance exists in an area outside Canada, he or she may — for the purpose of preventing the spread of that disease or toxic substance into Canada or monitoring that disease or toxic substance — by order, declare any area in Canada that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone and identify that disease or toxic substance.

  • Marginal note:Designated animal or thing

    (3) The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the secondary control zone referred to in subsection (2) is declared.

  • Marginal note:Conditions

    (4) The Minister may, by order, prohibit or impose conditions on — including requiring a permit for — removing from, moving within or taking into a secondary control zone a designated animal or thing.

  • Marginal note:Compliance

    (5) Any person to whom an order made under subsection (4) applies shall comply with it.

  • 2012, c. 19, s. 508.
 
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